S.B. 255 Enrolled

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CRANE SAFETY AMENDMENTS

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2007 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Gene Davis

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House Sponsor:
James A. Dunnigan

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LONG TITLE
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General Description:
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This bill modifies provisions of the Utah Construction Trades Licensing Act dealing
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with the definition of a crane operator and the penalties for unlawful conduct provisions
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of the act.
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Highlighted Provisions:
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This bill:
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. modifies the definition of a crane operator as related to the description of the type of
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crane used on a commercial construction project for which the crane operator must
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be certified to operate;
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. provides penalties for a violation of the crane operator's certification provision in
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the Utah Construction Trades Licensing Act; and
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. makes certain technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on July 1, 2007.
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Utah Code Sections Affected:
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AMENDS:
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58-55-503, as last amended by Chapter 45, Laws of Utah 2004
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58-55-504 (Effective 07/01/07), as enacted by Chapter 124, Laws of Utah 2006
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Be it enacted by the Legislature of the state of Utah:

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Section 1.
Section
58-55-503
is amended to read:
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58-55-503. Penalty for unlawful conduct -- Citations.
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(1) (a) (i) [Any] A person who violates Subsection
58-55-308
(2) [or], Subsection
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58-55-501
(1), (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), or (15), or Subsection
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58-55-504
(2), or who fails to comply with a citation issued under this section after it is final, is
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guilty of a class A misdemeanor. [Any]
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(ii) As used in this section in reference to Subsection
58-55-504
(2), "person" means an
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individual and does not include a sole proprietorship, joint venture, corporation, limited
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liability company, association, or organization of any type.
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(b) A person who violates the provisions of Subsection
58-55-501
(8) may not be
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awarded and may not accept a contract for the performance of the work.
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(2) [Any] A person who violates the provisions of Subsection
58-55-501
(13) is guilty
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of an infraction unless the violator did so with the intent to deprive the person to whom money
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is to be paid of the money received, in which case the violator is guilty of theft, as classified in
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Section
76-6-412
.
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(3) Grounds for immediate suspension of the licensee's license by the division and the
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commission include the issuance of a citation for violation of Subsection
58-55-308
(2) [or],
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Section
58-55-501
, or Subsection
58-55-504
(2), or the failure by a licensee to make application
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to, report to, or notify the division with respect to any matter for which application,
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notification, or reporting is required under this chapter or rules adopted under this chapter,
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including applying to the division for a new license to engage in a new specialty classification
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or to do business under a new form of organization or business structure, filing with the
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division current financial statements, notifying the division concerning loss of insurance
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coverage, or change in qualifier.
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(4) (a) If upon inspection or investigation, the division concludes that a person has
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violated the provisions of Subsection
58-55-308
(2) or Subsections
58-55-501
(1), (2), (3), (9),
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(10), (12), (14), (19), (21), or Subsection
58-55-504
(2), or any rule or order issued with respect
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to these subsections, and that disciplinary action is appropriate, the director or the director's

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designee from within the division shall promptly issue a citation to the person according to this
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chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person
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to appear before an adjudicative proceeding conducted under Title 63, Chapter 46b,
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Administrative Procedures Act.
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(i) [Any] A person who is in violation of the provisions of Subsection
58-55-308
(2)
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[or], Subsection
58-55-501
(1), (2), (3), (9), (10), (12), (14), (19), or (21), or Subsection
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58-55-504
(2), as evidenced by an uncontested citation, a stipulated settlement, or by a finding
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of violation in an adjudicative proceeding, may be assessed a fine pursuant to this Subsection
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(4) and may, in addition to or in lieu of, be ordered to cease and desist from violating
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Subsection
58-55-308
(2) [or], Subsection
58-55-501
(1), (2), (3), (9), (10), (12), (14), (19), or
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(21), or Subsection
58-55-504
(2).
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(ii) Except for a cease and desist order, the licensure sanctions cited in Section
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58-55-401
may not be assessed through a citation.
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(iii) (A) A person who receives a citation or is fined for violating Subsection
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58-55-501
(21) may also be issued a cease and desist order from engaging in work to be
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performed by a contractor licensed under this chapter unless the person meets the continuing
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education requirement within 30 days after receipt of the citation or fine.
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(B) The order, if issued, shall be removed upon the person's completion of the
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continuing education requirement.
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(C) This Subsection (4)(a)(iii) is repealed effective July 1, 2010.
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(b) (i) Each citation shall be in writing and describe with particularity the nature of the
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violation, including a reference to the provision of the chapter, rule, or order alleged to have
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been violated.
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(ii) The citation shall clearly state that the recipient must notify the division in writing
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within 20 calendar days of service of the citation if the recipient wishes to contest the citation
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at a hearing conducted under Title 63, Chapter 46b, Administrative Procedures Act.
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(iii) The citation shall clearly explain the consequences of failure to timely contest the
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citation or to make payment of any fines assessed by the citation within the time specified in

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the citation.
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(c) Each citation issued under this section, or a copy of each citation, may be served
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upon [any] a person upon whom a summons may be served:
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(i) in accordance with the Utah Rules of Civil Procedure;
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(ii) personally or upon the person's agent by a division investigator or by [any] a person
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specially designated by the director; or
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(iii) by mail.
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(d) (i) If within 20 calendar days from the service of a citation, the person to whom the
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citation was issued fails to request a hearing to contest the citation, the citation becomes the
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final order of the division and is not subject to further agency review.
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(ii) The period to contest a citation may be extended by the division for cause.
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(e) The division may refuse to issue or renew, suspend, revoke, or place on probation
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the license of a licensee who fails to comply with a citation after it becomes final.
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(f) The failure of an applicant for licensure to comply with a citation after it becomes
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final is a ground for denial of license.
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(g) No citation may be issued under this section after the expiration of six months
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following the occurrence of any violation.
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(h) Fines shall be assessed by the director or the director's designee according to the
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following:
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(i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
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(ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
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and
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(iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
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$2,000 for each day of continued offense.
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(i) (i) For purposes of issuing a final order under this section and assessing a fine under
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Subsection (4)(i), an offense constitutes a second or subsequent offense if:
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(A) the division previously issued a final order determining that a person committed a
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first or second offense in violation of Subsection
58-55-308
(2) [or], Subsection
58-55-501
(1),

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(2), (3), (9), (10), (12), (14), or (19), or Subsection
58-55-504
(2); or
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(B) (I) the division initiated an action for a first or second offense;
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(II) no final order has been issued by the division in the action initiated under
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Subsection (4)(i)(i)(B)(I);
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(III) the division determines during an investigation that occurred after the initiation of
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the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
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violation of the provisions of Subsection
58-55-308
(2) [or], Subsection
58-55-501
(1), (2), (3),
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(9), (10), (12), (14), or (19), or Subsection
58-55-504
(2); and
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(IV) after determining that the person committed a second or subsequent offense under
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Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
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Subsection (4)(i)(i)(B)(I).
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(ii) In issuing a final order for a second or subsequent offense under Subsection
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(4)(i)(i), the division shall comply with the requirements of this section.
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(5) (a) [Any] A penalty imposed by the director under Subsection (4)(h) shall be
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deposited into the Commerce Service Fund. [Any]
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(b) A penalty which is not paid may be collected by the director by either referring the
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matter to a collection agency or bringing an action in the district court of the county in which
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the person against whom the penalty is imposed resides or in the county where the office of the
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director is located. [Any]
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(c) A county attorney or the attorney general of the state is to provide legal assistance
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and advice to the director in any action to collect the penalty.
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(d) In [any] an action brought to enforce the provisions of this section, reasonable
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attorney's fees and costs shall be awarded.
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Section 2.
Section
58-55-504 (Effective 07/01/07)
is amended to read:
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58-55-504 (Effective 07/01/07). Crane operators -- Required certification --
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Penalty for violation.
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(1) As used in this section:
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(a) "Commercial construction projects" means construction, alteration, repair,

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demolition, or excavation projects that do not involve:
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(i) single family detached housing;
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(ii) multifamily attached housing up to and including a fourplex; or
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(iii) commercial construction of not more than two stories above ground.
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(b) (i) "Crane operator" means an individual engaged in operating a crane, which for
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purposes of this section is a power-operated hoisting machine used in construction, demolition,
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or excavation work that has a power-operated winch, load-line, and boom moving laterally by
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the rotation of the machine on a carrier.
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(ii) It does not include operating a fork lift, digger derrick truck, aircraft, bucket truck,
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knuckle boom, side boom, mechanic's truck, or a vehicle or machine not using a
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power-operated winch and load-line.
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(2) (a) In order to operate a crane on commercial construction projects, an individual
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shall be certified as a crane operator by the National Commission for the Certification of Crane
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Operators or any other organization determined by the division to offer an equivalent testing
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and certification program that meets the requirements of the American Society of Mechanical
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Engineers ASME B 30.5 and the accreditation requirements of the National Commission for
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Certifying Agencies.
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(b) An individual who violates Subsection (2)(a) is guilty of a class A misdemeanor.
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(3) [A person] An individual engaged in construction or operation incidental to
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petroleum refining or electrical utility construction or maintenance is exempt from the crane
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operator certification requirement of Subsection (2)(a).
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[(4) An individual who violates Subsection (2) is guilty of a class A misdemeanor.]
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Section 3. Effective date.
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This bill takes effect on July 1, 2007.